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Memphis-based guitarist Robert A. Johnson standing by a display of guitars that belonged to Chet Atkins and Johnny Cash that he donated to the National Music Museum in Vermillion, South Dakota. Johnson also donated the guitar played by Elvis Presley during his final tour in 1977 Image Credit: AP

A man, who donated to a South Dakota museum a slightly damaged acoustic guitar played by Elvis Presley that is at the centre of a custody battle, insisted Thursday he had the right to give it away because he owned it.

A federal judge has been asked to determine whether blues guitarist Robert A. Johnson rightfully owned the broken instrument when he donated it to the National Music Museum last year.

The museum insists in a lawsuit that it is the legal owner of the guitar “The King” played during his 1977 tour.

Collector Larry Moss says Johnson sold him the guitar earlier.

Johnson says Moss had the opportunity to buy the guitar in 2007 but never paid for it in full.